AI21 makes no promises about the quality, reliability, or suitability of its services. If the AI produces wrong answers, the service goes down, or outputs cause harm, AI21 is not legally responsible under this clause.
This analysis describes what AI21 Labs's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
For users making consequential decisions based on AI-generated outputs (in business, legal, medical, or financial contexts), the absence of any warranty for accuracy or fitness for purpose creates meaningful risk that is fully borne by the user.
The updated terms remove the explicit "Your Opt-Out Rights" button that previously allowed users to opt out of data sales and targeted advertising. In its place, the revised language establishes a general cookie consent framework requiring users to click "Accept" to allow cookies for site navigation, usage analysis, and marketing efforts. Users retain the ability to choose not to allow certain cookie types, but the prior dedicated opt-out mechanism for data sales and targeted advertising is no longer explicitly described in the accessible terms interface. If you wish to control cookie preferences, you can click on the cookie settings to modify consent for different types of cookies; however, strictly necessary cookies cannot be declined as they are required for core website functionality.
View change record →Changed 'EITHER EXPRESS OR IMPLIED' to 'WHETHER EXPRESS OR IMPLIED', changed 'WITHOUT LIMITATION ANY WARRANTIES' to 'INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES', removed 'ACCURACY' from warranties list, and changed final clause from 'THAT ANY DEFECTS WILL BE CORRECTED' to 'OR FREE OF HARMFUL COMPONENTS'.
View full change record →AI21's services come with no quality guarantees. If you rely on AI-generated outputs for important decisions and those outputs are wrong or harmful, this clause means AI21 accepts no responsibility for resulting harm. The clause is common in the AI services industry but is particularly significant given the potential for confident-sounding but inaccurate AI outputs.
How other platforms handle this
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLAID DOES NOT WARRANT THAT THE SERVICES WILL BE ...
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"THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI21 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.— Excerpt from AI21 Labs's AI21 Labs Terms of Use
(1) REGULATORY LANDSCAPE: Disclaimer of implied warranties is standard in US commercial software agreements and is generally enforceable in B2B contexts under the Uniform Commercial Code. However, in the EU and UK, consumer contracts cannot fully disclaim statutory implied terms, including guarantees of reasonable quality and fitness for purpose. The EU AI Act imposes affirmative obligations on providers of AI systems regarding transparency and accuracy that exist independently of contractual warranty disclaimers. The FTC Act's prohibition on deceptive practices may also be relevant if marketing representations about AI21's capabilities contradict the scope of this disclaimer. (2) GOVERNANCE EXPOSURE: Medium. The disclaimer is standard industry practice for AI and SaaS products and is generally enforceable in US commercial contexts. EU and UK consumers retain non-waivable statutory protections. The practical governance risk lies in the potential misalignment between marketing claims about AI21's model performance and the contractual disclaimer of any accuracy warranty. (3) JURISDICTION FLAGS: EU and UK consumers cannot be contractually deprived of statutory quality guarantees. Enterprise customers in regulated sectors (healthcare, legal, financial services) should be aware that regulatory requirements for AI system accuracy and explainability may apply independently of this contractual disclaimer. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers building regulated or high-stakes applications on AI21's models should seek specific performance representations or SLA commitments in a separate enterprise agreement, as the standard terms provide no baseline quality assurance. Procurement teams should assess whether the warranty disclaimer is compatible with the customer's own downstream service commitments. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should ensure that internal AI governance policies address the absence of contractual accuracy warranties from AI21, and that use cases requiring high accuracy or reliability have appropriate human oversight and validation processes in place. EU AI Act high-risk use case requirements may impose accuracy and robustness obligations on deployers that cannot be satisfied by relying on an as-is AI service.
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For users making consequential decisions based on AI-generated outputs (in business, legal, medical, or financial contexts), the absence of any warranty for accuracy or fitness for purpose creates meaningful risk that is fully borne by the user.
AI21's services come with no quality guarantees. If you rely on AI-generated outputs for important decisions and those outputs are wrong or harmful, this clause means AI21 accepts no responsibility for resulting harm. The clause is common in the AI services industry but is particularly significant given the potential for confident-sounding but inaccurate AI outputs.
ConductAtlas has identified this type of provision across 40 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AI21 Labs.